Greater Clarity Regarding On-Call Hours
- Date: Monday 21st January 2019
- PDF: Download
There has always been much confusion around how on-call or sleep-in hours should be handled in terms of remuneration.
The court of appeal hearing in Royal Mencap Society v Tomlinson-Blake provides us with much needed clarity.
The claimant in this case said that, since they were asked to be available for working when on a sleep-in shift, they should be entitled to at least the national minimum wage for the duration of their shift.
The Court of Appeal disagreed and stated that employees are not ‘available’ for work when they are asleep. This obviously also applies to employees who are on call at home and changes advice we were given back in 2017, when these cases were first reviewed.
If you pay your employees for on-call hours, please contact your consultant for a review.
Unison has logged an appeal with the Supreme Court so we are likely to hear more in a few months and will keep you updated on any changes.
Source: Manuela Grossmann, SSG